FEB 03, 2001
DEAR OHSIS:
Since the will has not been filed yet, it is possible that the estate is still open (your stepmother may still be in the proceses of paying the estate bills, taxes, debts, etc.) and may not have distributed the personal property yet.
When you talked about how the personal property was to be divided, were you referring to the old will or to the new one? The surviving spouse is usually the person who receives ownership of the decedent's personal property and that person can make the decision as to how the property will be distributed, unless the executor has to decide because the property was specifically mentioned in the will, or her own personal decision if there was no will). Is the executor of the new will your stepmother or your sister?
There is no legal time frame in which you were required to be notified, but if you were named as a specific beneficiary in the will, then she is supposed to notify you by mail whenever she starts distributing the property, as she makes progress in finalizing/closing the esate.
You don't say what state you live in, but there might be a legal requirement in your state or county that the will must be filed within 30 days after a person's death, so you should consult with a local attorney about this. You have the right to ask her to send you a copy of the will, and send her a certified letter that informs her about the sisters' interest in the specific personal property you all are interested in (so that she won't dispose of it some other way).
You may want to consider writing a letter to the probate court at the county courthouse to inform them of your stepmother's failure to file the will, so they can contact her and inform her of the proper procedures.
SINCERELY,
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